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This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.
Faced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.
Maritime migration : a wicked problem / Kathleen Newland -- Case study : unauthorized maritime migration in Europe and the Mediterranean region / Elizabeth Collett -- Case study : unauthorized maritime migration in the Bay of Bengal / Kathleen Newland -- Case study : unauthorized maritime migration in the Gulf of aden and the Red Sea / Kate Hooper -- Case study : the maritime approaches to Australia / Kathleen Newland -- Case study : maritime migration in the United States and the Caribbean / Kathleen Newland and Sarah Flamm
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
Forced Migration: Current Issues and Debates provides a critical engagement with and analysis of contemporary issues in the field using inter-disciplinary perspectives, through different geographical case studies and by employing varying methodologies. The combination of authors reviewing both the key research and scholarship and offering insights from their own research ensures a comprehensive and up-to-date analysis of the current issues in forced migration. The book is structured around three main current themes: the reconfiguration of borders including virtual borders, the expansion of prolonged exile, and changes in protection and access to rights. The first chapters in the collection provide both context and a theoretical overview by situating current debates and issues in their historical context including the evolution of field and the impact of the colonial and post-colonial world order on forced migration and forced displacement. These are followed by chapters framed around substantive issues including deportation and forced return; protracted displacements; securitising the Mediterranean and cross-border migration practices; refugees in global cities; forced migrants in the digital age; and second-generation identity and transnational practices. Forced Migration offers an original contribution to a growing field of study, connecting theoretical ideas and empirical research with policy, practice and the lived experiences of forced migrants. The volume provides a solid foundation, for students, academics and policy makers, of the main questions being asked in contemporary debates in forced migration.
People in danger have received protection in communities beyond their own from the earliest times of recorded history. The causes — war, conflict, violence, persecution, natural disasters, and climate change — are as familiar to readers of the news as to students of the past. It is 70 years since nations in the wake of World War II drew up the landmark 1951 Convention relating to the Status of Refugees. People Forced to Flee marks this milestone. It is the latest in a long line of publications, stretching back to 1993, that were previously entitled The State of the World's Refugees. The book traces the historic path that led to the 1951 Convention, showing how history was made, by taking the centuries-old ideals of safety and solutions for refugees, to global practice. It maps its progress during which international protection has reached a much broader group of people than initially envisaged. It examines international responses to forced displacement within borders as well as beyond them, and the protection principles that apply to both. It reviews where they have been used with consistency and success, and where they have not. At times, the strength and resolve of the international community seems strong, yet solutions and meaningful solidarity are often elusive. Taking stock today - at this important anniversary – is all the more crucial as the world faces increasing forced displacement. Most is experienced in low- and middle-income countries and persists for generations. People forced to flee face barriers to improving their lives, contributing to the communities in which they live and realizing solutions. Everywhere, an effective response depends on the commitment to international cooperation set down in the 1951 Convention: a vision often compromised by efforts to minimize responsibilities. There is growing recognition that doing better is a global imperative. Humanitarian and development action has the potential to be transformational, especially when grounded in the local context. People Forced to Flee examines how and where increased development investments in education, health and economic inclusion are helping to improve socioeconomic opportunities both for forcibly displaced persons and their hosts. In 2018, the international community reached a Global Compact on Refugees for more equitable and sustainable responses. It is receiving deeper support. People Forced to Flee looks at whether that is enough for what could – and should – help define the next 70 years.
There are today some 60 million people who have fled their homes because of persecution and conflict. This is the highest number ever recorded. These people suffer exile that will likely last for years and even whole lifetimes-both present and future. The unprecedented scale and duration of forced displacement provide unsettling points of departure for the 2016 edition of The State of the World's Refugees. Covering the years since 2012, this volume is the seventh in a series of flagship publications by the Office of the United Nations High Commissioner for Refugees ('UNHCR'). This book draws upon expert analysis as well as UNHCR's direct experience to shed light on the root causes and consequences of the current humanitarian and development crisis. Its eleven chapters examine the world's evolving efforts to finance, plan, and implement basic human rights protections amidst a recent spate of complex emergencies. Updated data, maps, and case studies examine persistent challenges such as limited access to asylum abroad, protection gaps at home for internally displaced persons, the devastating consequences of statelessness, and the troubling elusiveness of durable solutions. This book also highlights the widespread impact of climate change as well as innovations in how humanitarian operations are designed and conducted. Over 65 years after UNHCR was established, A World in Turmoil reveals why its work remains more relevant and urgent than ever.
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.